[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1614.502]

[Page 281]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
                   Subpart E--Remedies and Enforcement
 
Sec. 1614.502  Compliance with final Commission decisions.

    (a) Relief ordered in a final Commission decision is mandatory and 
binding on the agency except as provided in this section. Failure to 
implement ordered relief shall be subject to judicial enforcement as 
specified in Sec. 1614.503(g).
    (b) Notwithstanding paragraph (a) of this section, when the agency 
requests reconsideration and the case involves removal, separation, or 
suspension continuing beyond the date of the request for 
reconsideration, and when the decision orders retroactive restoration, 
the agency shall comply with the decision to the extent of the temporary 
or conditional restoration of the employee to duty status in the 
position specified by the Commission, pending the outcome of the agency 
request for reconsideration.
    (1) Service under the temporary or conditional restoration 
provisions of this paragraph (b) shall be credited toward the completion 
of a probationary or trial period, eligibility for a within-grade 
increase, or the completion of the service requirement for career 
tenure, if the Commission upholds its decision after reconsideration.
    (2) When the agency requests reconsideration, it may delay the 
payment of any amounts ordered to be paid to the complainant until after 
the request for reconsideration is resolved. If the agency delays 
payment of any amount pending the outcome of the request to reconsider 
and the resolution of the request requires the agency to make the 
payment, then the agency shall pay interest from the date of the 
original appellate decision until payment is made.
    (3) The agency shall notify the Commission and the employee in 
writing at the same time it requests reconsideration that the relief it 
provides is temporary or conditional and, if applicable, that it will 
delay the payment of any amounts owed but will pay interest as specified 
in paragraph (b)(2) of this section. Failure of the agency to provide 
notification will result in the dismissal of the agency's request.
    (c) When no request for reconsideration is filed or when a request 
for reconsideration is denied, the agency shall provide the relief 
ordered and there is no further right to delay implementation of the 
ordered relief. The relief shall be provided in full not later than 60 
days after receipt of the final decision unless otherwise ordered in the 
decision.

[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37660, July 12, 1999]